An ordinance providing for and approving the transfer of the cable television franchise in the City of Wabasso, Minnesota, the (“City”) granted pursuant to Ordinance # 219 dated, September 6, 1983 (the “Franchise Ordinance”), amending the Franchise Ordinance in certain respects, providing for publication of the caption, and providing the effective date of the transfer.
WHEREAS, by the Franchise Ordinance, the City has granted to Douglas
Communications North, L.P., (“Douglas”), a Delaware limited partnership, the authority to operate a cable television system within the boundaries of the City; and
Whereas, Douglas has requested that the City approve the proposed transfer and assignment of the Franchise Ordinance by Douglas to New Ulm Telecom, Inc., (“New Ulm Telecom”) and the City is willing to consent to such transfer and assignment.
NOW, THEREFORE, BE IT ORDAINED BY THE FRANCHISE AUTHORITY OF THE CITY:
Section 1. Transfer of Franchise Ordinance. Pursuant to the Franchise Ordinance, consent and approval is hereby granted by the Coty for the transfer and assignment of the Franchise Ordinance by Douglas to New Ulm Telecom. The Mayor, Council President, or Presiding Officer of the City, or any person designated by the Mayor, Council President or Presiding Officer are hereby authorized to execute the consent to assignment attached hereto as Annex 1.
Section 2. Ordinance Affirmed and Term Extended. All terms and provision of the Franchise Ordinance shall continue in full force and effect except that the remaining term of the Franchise Ordinance shall be extended to expire of the tenth anniversary of the transfer by Douglas to New Ulm Telecom. As set forth in the Consent to Assignment, the City consents to the grant by New Ulm Telecom of a security interest in the Franchise Ordinance to its lenders to secure indebtedness or other obligations incurred by New Ulm Telecom with respect to cable television system to be operated by New Ulm Telecom pursuant to the Franchise Ordinance.
Section 3. Effective Date. The transfer of the Franchise Ordinance shall be effective upon the closing of the sale by Douglas to New Ulm Telecom of the cable television facilities serving the City of Wabasso. New Ulm Telecom shall notify the City of the transfer of the Franchise Ordinance within thirty (30) days of such closing, and provide therewith a copy of the Assignment and Assumption of Franchise by which the Franchise Ordinance was transferred and assigned by Douglas to New Ulm Telecom.
Section 4. Inconsistency. In the event any of the terms and provision of any other ordinance or regulation of the City are inconsistent with the terms and provisions of this Ordinance, the provisions of this Ordinance shall govern and control.
Section 5. Publication. The City Secretary/Clerk is hereby directed to publish the caption of this Ordinance in the official newspaper in the City and to comply otherwise with all applicable notice requirements of law.
Passed and approved this 28th day of May, 1996.
John Van Loy, Mayor
Attest:
Marilyn J. Davis, City Clerk